The central
concern of Ironic Freedom is the way in which arguments that promise women and members
of other historically subordinated groups greater freedom have the potential to
generate new forms of subordination.
Repeatedly, legislative or judicial decisions that permit women to take formerly banned actions foster social practices that
compel women to take those actions.
Within weeks after New York declared persons had the right to marry a
person of the same sex, many businesses in that state announced they would no
longer offer domestic partner benefits to same-sex couples who did not marry
within a short period of time. Affluent couples have pressured desperate poor women to have their baby in states where surrogate motherhood is legal “May,”
Professor Baer detailed, in these instances and many others was partly transformed into “must.”

Ironic Freedom details the ways in which
policies permitting a right to die, birth control, abortion, surrogate
motherhood, prostitution, a volunteer
army, equal employment opportunities, and same-sex marriage all generate
coercive pressures that some woman are better able to resist than others. In numerous areas of law, Baer details, the
possibility exists that “permission will lead to coercion: that ‘may’ will
become ‘must,’ or ‘can’ will become ‘should.’”
Liberal freedoms are not unmitigated blessings because being a woman, being gay,
being young (or old) or being differently abled is not the sole marker
for any person. Whether legalizing
prostitution increases liberty depends on the extent to which particular woman are free in practice choose whether to become prostitutes. Legal birth control increases pressures on many women to engage in sexual behavior. Some elderly poor are unable to resist subtle and unsubtle pressures to exercise
their “right” to die.

Professor
Baer provides an exceptionally readable introduction to the ways in
which “may/must’ arguments function in contemporary discourse. The chapters on each subject highlight how
various “may/must” arguments implicate liberal and feminist concerns, and are
not simply rationales for conservatives opposed to the right in question primarily
on illiberal and antiegalitarian grounds.
The volunteer draft has resulted in a military in which poor persons and
persons of color are overrepresented.
Some men are more inclined to pressure women to terminate pregnancies
because abortion is legal. Far more poor
than affluent persons choose assisted suicide.
Professor Baer at the end of the day makes strong arguments for all of
the liberties in question. Nevertheless,
she insists that liberals and feminists keep their eyes open when promoting
liberalizing policies because all liberalizing policies have coercive
dimensions, dimensions likely to be exacerbated when ignored. Liberalization, in short, is only one step in a long, complicated and paradoxical process by which men and women in our society may become equally free and equal.

Ironic Freedom is particularly
appropriate for classroom use. The work
is short, accessible and fascinating. The text promises one terrific class after another. The chapters explore the pros and cons of various policies from a
variety of fascinating angles and do not resemble the disguised legal briefs
that too often dominate the academic law market.
Most important, at a time when intersectionality is hot, this is perhaps
the best introduction to the ways in which gender intersects with race, sexual
orientation, class, and disability to make what appear obvious liberal and egualitarian
policies a bit more illiberal and antiegalitarian than many of us would like to
acknowledge.